Terms & Conditions

Last updated: 8 June 2026 · Avolvia (Pty) Ltd

Please read carefully. These Terms govern your use of Avolvia's platform and services, including the RevARC CRM, Avolvia Mail, the Abby AI voice agent, and custom AI agents. They include important provisions on communications and anti-spam compliance, usage-based billing, limitation of liability, indemnity, and dispute resolution. By creating an account or using the Services, you accept these Terms. If you are accepting on behalf of a business, you confirm you are authorised to bind it.

These Terms & Conditions ("Terms") form a binding agreement between you ("you", "Customer") and Avolvia (Pty) Ltd ("Avolvia", "we", "us"). They incorporate our Privacy Policy and POPIA Notice by reference. We may update these Terms from time to time; the "last updated" date reflects the current version, and continued use after changes take effect means you accept them.

1. The Services & eligibility

Avolvia provides AI training, sales data and implementation, the RevARC CRM and pipeline platform, Avolvia Mail (bulk and automated email), the Abby AI voice agent (automated outbound and inbound calls), and custom AI agents (collectively, the "Services"). Features, plans, and pricing are described on our site and may change with reasonable notice. To use the Services you must be at least 18, able to enter a binding contract, and not a competitor accessing the Services to build a competing product or for benchmarking without our written consent.

2. Accounts, credentials & security

You are responsible for the accuracy of the information you provide and for all activity under your account, workspace, and credentials.
Keep login details confidential, enable available security features (e.g. two-factor authentication), and notify us promptly of any suspected unauthorised access.
Account and workspace ownership disputes will be resolved in our reasonable discretion based on the records available to us; we are not obliged to adjudicate third-party ownership disputes.

3. Communications Services (email, SMS, and AI voice)

Parts of the Services let you send email, messages, and place or receive AI voice calls ("Communications Services"). You acknowledge:

Usage-based charges. Voice calls are billed per minute and messaging/email may carry per-unit or volume charges in addition to platform/seat fees. Carrier, telephony, and third-party pass-through costs may apply.
Phone numbers. Numbers provisioned through the Services are licensed to you for use on the platform, not sold. On termination, non-payment, or prolonged inactivity, numbers may be released or reassigned, and porting is subject to carrier rules.
You are the sender. For all communications you initiate, configure, or schedule through the Services, you are the sender and the party responsible for the content and for having a lawful basis to contact each recipient. Avolvia is a platform provider, not the sender of your communications.

4. Anti-spam & telecommunications compliance

You are solely responsible for complying with all laws that apply to your communications, including (without limitation) South Africa's Protection of Personal Information Act (POPIA) direct-marketing rules and the Consumer Protection Act, and, for recipients in Canada, the Anti-Spam Legislation (CASL). You warrant that:

you have the necessary consent or other lawful basis to contact each recipient by the chosen channel (email, message, or automated call);
you will honour opt-out, unsubscribe, and do-not-contact requests promptly and maintain suppression lists;
you will not upload, message, or call contacts without a lawful basis, and you will not use the Services for unsolicited bulk or deceptive communications.

In particular, under POPIA section 69, electronic direct marketing to a person who is not an existing customer requires that person's prior consent (opt-in); existing customers may be marketed similar products or services on an opt-out basis where their details were obtained in the course of a sale. You are responsible for meeting these requirements for every message and call you send through the Services and for keeping records of consent.

Any compliance aids in the Services (such as unsubscribe links, consent fields, or AI call disclosures) are provided for convenience only and do not constitute legal advice or a guarantee of compliance. You remain responsible for your own legal compliance.

5. AI features & acceptable AI use

The Services include AI features, including Abby AI and custom AI agents that generate text, voice, summaries, lead scores, and recommendations. You acknowledge:

AI output may be inaccurate, incomplete, or unsuitable; you are responsible for reviewing output before relying on or acting on it.
Before deploying AI agents to contact people, you must confirm such use is lawful in the relevant jurisdiction and that you have a lawful basis to contact each recipient. Consent to an automated AI call and to call recording is obtained at the point the recipient submits their details, so a separate verbal disclosure is not required; however, you remain responsible for ensuring that consent was validly given and recorded.
You will not use AI features to generate unlawful, harmful, infringing, discriminatory, or deceptive content, or to impersonate a person in a misleading way.

6. Third-party services & integrations

The Services rely on and may connect to third parties (e.g. cloud hosting on Google Cloud/Firebase, telephony carriers, email delivery, calendars, and integrations you enable). By connecting an integration you authorise the exchange of data necessary to operate it. Avolvia is not responsible for the availability, acts, or omissions of third parties, and your use of them may be subject to their terms. Use of data obtained via third-party APIs must comply with those providers' limited-use requirements.

7. White-label, agency & resale

Where you are on an agency or white-label plan, you may make the Services available to your own clients under your brand, subject to: maintaining your own customer terms and privacy policy no less protective than these Terms; remaining responsible for your clients' use and compliance; not granting "lifetime" or perpetual licenses; and complying with any branding, pricing, and conduct requirements we publish. We may suspend white-label access for breach. No reseller may make representations on Avolvia's behalf.

Proof of consent. You and your clients must obtain and retain a lawful basis (including POPIA s69 / CASL consent where applicable) for every contact messaged or called through the Services. On our reasonable request, you must provide proof of consent for any contact within 5 business days. Failure to do so, or any evidence of contacting people without a lawful basis, may result in immediate suspension or termination and you indemnify us against any resulting claims.

8. Fees, billing, wallets & taxes

Subscriptions are billed in advance and renew automatically each period until cancelled. Usage (e.g. voice minutes, messaging) is billed as incurred and may be deducted in real time from a prepaid balance or wallet where applicable.
You authorise us and our payment provider (e.g. PayFast) to charge your selected payment method for all fees, including renewals and usage. Failed or late payments may lead to suspension or cancellation.
Fees are non-refundable except where required by law. Cancellation stops future renewals and takes effect at the end of the current billing period; usage already incurred remains payable.
Where you are a consumer or qualifying small business protected by the Consumer Protection Act, you keep your statutory rights, including to cancel a fixed-term agreement on 20 business days' notice (subject to a reasonable cancellation charge) regardless of the above.
Fees are exclusive of VAT and other taxes unless stated; you are responsible for applicable taxes, and cross-border charges may be subject to reverse-charge rules.

9. Your data & privacy

Our handling of personal information is described in the Privacy Policy and POPIA Notice, which form part of these Terms. You retain ownership of the content and contact data you submit and grant us a licence to process it to provide, secure, and improve the Services. As between us, you are responsible for the lawful collection of, and your basis for processing, any personal information you load into the Services, for responding to data-subject requests relating to your contacts, and for notifying relevant parties of incidents affecting your data except to the extent caused by us. We may use aggregated or de-identified data to improve our models and offerings.

10. Acceptable use & prohibited conduct

You agree not to: break the law or facilitate others doing so; send spam, unlawful, or deceptive communications; load contacts you have no lawful basis to contact; infringe intellectual property or privacy rights; transmit malware; probe, scrape, overload, reverse-engineer, or attempt unauthorised access to the Services; resell or sublicense except as expressly permitted; abuse free trials or credits (e.g. trial-stacking); or use the Services to build a competing product. We may investigate suspected abuse and act to protect the platform and other users.

11. Intellectual property & feedback

Avolvia and its licensors own all rights in the Services, software, AI models, documentation, and branding ("Avolvia Marks"). These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Services during your subscription. You may not use the Avolvia Marks without permission. You grant us a worldwide, royalty-free licence to host, process, and display your content solely to operate the Services. If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without obligation to you.

12. Disclaimers

The Services are provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted, secure, or error-free operation, any particular result, revenue, or deliverability, or that AI output will be accurate. Beta or preview features are provided without warranty and may change or be withdrawn.

13. Limitation of liability & indemnity

To the maximum extent permitted by law, Avolvia is not liable for indirect, incidental, special, punitive, or consequential damages, or for loss of profits, revenue, goodwill, or data. Our total aggregate liability arising out of or relating to the Services in any 12-month period is limited to the fees you paid to us for the Services in the three (3) months immediately preceding the event giving rise to the claim.

You will defend, indemnify, and hold Avolvia harmless from claims, damages, penalties, and costs (including reasonable legal fees) arising from: your content; your use of the Communications Services and any failure to obtain required consent for email, messaging, or calls; your violation of privacy, anti-spam, or telecommunications laws; your breach of these Terms; or your clients' use where you resell the Services.

Nothing in these Terms excludes or limits any liability that may not lawfully be excluded or limited, including under the Consumer Protection Act, 2008, such as liability for gross negligence, fraud, or for death or personal injury caused by our acts or omissions.

14. Term, suspension & termination

These Terms apply while you use the Services. We may suspend or terminate access for breach, non-payment, risk to the platform or others, or as required by law. You may cancel at any time as described in section 8. On termination, your right to use the Services ends; we will retain your data for a limited period (typically up to 90 days) to allow export, after which it may be deleted in line with the Privacy Policy. Provisions that by their nature should survive (including IP, disclaimers, liability, indemnity, and dispute resolution) survive termination. Neither party is liable for delays or failures caused by events beyond its reasonable control (force majeure).

15. Time limit to bring claims

To the extent permitted by law, any claim arising out of or relating to the Services must be brought within twelve (12) months after the cause of action arises, failing which it is permanently barred.

16. Governing law & dispute resolution

These Terms are governed by the laws of the Republic of South Africa. The parties will first attempt to resolve any dispute in good faith. If unresolved, the dispute may be referred to confidential arbitration in South Africa (for example, under the rules of the Arbitration Foundation of Southern Africa) by a single arbitrator, save that either party may seek urgent or interim relief from a competent court. Nothing in this section affects any mandatory consumer rights you have under the law of your country of residence. To the extent arbitration does not apply, the South African courts have jurisdiction.

17. General

Assignment / change of control. We may assign these Terms (including on merger, acquisition, or sale of assets); you may not assign without our consent.
Entire agreement. These Terms, the Privacy Policy, and any separately signed agreement are the entire agreement; a signed order or agreement prevails over conflicting provisions here.
Severability & waiver. If any provision is unenforceable, the rest remains in effect; failure to enforce a provision is not a waiver.
Notices. We may give notice via the Services or to your account email. Formal legal notices to Avolvia must be sent to the contact below.

18. Definitions

Services, the platform and offerings described in section 1. Communications Services, email, messaging, and AI voice features. Customer / you, the person or entity using the Services. Content, data, contacts, and materials you submit. Sender, the party responsible for a communication, which for communications you initiate is you.

19. Contact

Avolvia (Pty) Ltd · Bruce Steyn (Information Officer) · bruce@avolvia.app · +27 73 603 7051

See also our Privacy Policy and POPIA Notice.